When I was a kid we lived in a house that was build in the 1920's and my parents covered the bathroom floor with carpet. The old floor was totally functional. They thought the old floor was ugly. We all remarked how soft and comfortable the new BLACK carpet was. Looking back now as an adult. I am like WTH were they thinking?? lol
I said *I* have never known anyone to push it. My point was not to put the idea in the freeloader’s head by going the legal route first. If they don’t know they have that “right” they’re not going to use it. Most couch surfers/freeloaders (your sib and crackheads aside) simply get complacent and don’t get their crap together because no one is forcing the issue. I’m just saying tell them they got to get out and mean it. If they refuse *then* take the legal steps to do it. No sense in giving them ammunition they don’t know they have if you don’t have to IMO.i do-a now deceased sibling.
the thing is-if push comes to shove and law enforcement gets involved then it almost provides a map for the freeloader to gain insight in how to (imho) abuse the legal system to the disadvantage of the homeowner/generally speaking goodhearted person who provided them with a place to stay. in our situation there was an incident where police were called and in the course of the call the issue of the person being told on multiple occasions to leave came up. police give the standard talk about it being a civil matter, use the courts....freeloader hears 'court' and immediately thinks 'legal aid'. goes to legal aid and finds out not only their legal rights but every stalling tactic in the world to keep the process going on and on. now legal aid is free to the freeloader so they don't care how many hours of legal time they consume whereas the homeowner has to hire an attorney who is pretty forthcoming on the realities of the timelines and the appeal processes and the costs which can add up quickly. attorney also has to advise about what the 'new rules' are once the process begins and how a minor misstep on the part of the homeowner can create a situation ripe for the freeloader to claim harassment, threats, fear of personal safety-all as a means to establish a restraining order and then not only freeload but freeload without the homeowner able to enter their own homewe learned that in the majority of cases with family members attorneys advise buying off the freeloader to leave the premises.
this all happened with an individual who wasn't savvy enough to avail himself of the internet. if he had known how to use it he could have done a google search to one of the many sites that are set up to educate people how to change their status from guest to tenant with a few easily done actions and what will appear to the homeowner (or legal tenant) as simple acts of appreciation ('i really appreciate all the help you're giving me and know you said you won't accept rent from me but i feel bad that i'm running up the utilities so here's $20 to offset the cost'...).
And I totally get what you’re saying. I’m just saying I don’t think it’s a typical situation when you’re helping out someone you know. In any case I don’t offer my home up, I’m more likely to give some cash for a room. I’ll feed you and I’ll give you a ride but my couch is off limits. Friend or relative. I just don’t like being put into that position.i get what you are saying but i think it's so much easier said than done. even if a person wants to force the issue, sets a date and stands by it-there's the physical act of getting the person/their property out which if even done correctly (even for someone who has no standing as a tenant) can lead to allegations and charges of property damage let alone physical injury or assault (and in my state the laws allow for pain and suffering awards just as it pertains to the removal of the property).
the situation w/my sib happened over 15 years ago and i think he would have been even more well informed about his rights now just by virtue of all the media coverage on homelessness. it seems like every night we have pieces running on all the local channels about the homeless population and now b/c we have a severe rental shortage there's always some kind of homeless advocates talking up how the first step to prevent homelessness is to 'STAY PUT', and how people need to know that 'just because' they don't own their housing or don't have a rental agreement doesn't mean they don't have legal protection under the law so 'don't listen to someone who says you have to get out of their property b/c they are likely violating your rights and you will end up another homeless statistic....come see us or if you're afraid to leave the property we'll come to you, we'll help you...free, free, free...'
i'm all for tenant rights but geesh-when you get continually barraged with this on the news it makes you second guess ever offering a helping hand.
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